CHAPTER 71

FORMERLY

HOUSE BILL NO. 128

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND SUBCHAPTER VII OF CHAPTER 5, TITLE 11, DELAWARE CODE, RELATING TO CRUELTY TO ANIMALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

1. Amend §1325 of Subchapter VII, Chapter 5, Title 11, Delaware Code by designating all of the existing section as subsection (b) and by inserting a new subsection (a) to read as follows:

"(a) Definitions

For the purpose of this section, the following words and phrases shall include, but not be limited to, the meanings respectively ascribed to them as follows:

(1) 'Cruel'. The word 'cruel' includes every act or omission to act whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.

(2) 'Cruel mistreatment'. The phrase 'cruel mistreatment' includes any treatment whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.

(3) 'Cruel neglect'. The phrase 'cruel neglect' includes neglect of an animal, which is under the care and control of the neglector, whereby pain or suffering is caused to the animal.

(4) 'Cruelty to animals'. The phrase 'cruelty to animals' includes mistreatment of any animal or neglect of any animal under the care and control of the neglector, whereby unnecessary or unjustifiable physical pain or suffering is caused. By way of example this includes: (a) unjustifiable beating of an animal; (b) overworking an animal; (c) tormenting an animal; (d) abandonment of an animal; (e) failure to feed properly or give proper shelter or veterinary care to an animal.

(5) 'Person'. The word 'person' includes any individual, partnership, corporation, or association living and/or doing business in the State of Delaware.

(8) 'Abandonment'. The word 'abandonment' includes completely forsaking or deserting an animal originally under one's custody without making reasonable arrangements for custody of that animal to be assumed by another person.

(7) 'Custody'. The word 'custody' includes the responsibility for the welfare of an animal subject to one's care and control whether he owns it or not.

(8) 'Proper feed'. The phrase 'proper feed' includes providing each animal with daily food and water of sufficient quality and quantity to prevent unnecessary or unjustifiable physical pain or suffering by the animal.

(9) 'Proper shelter'. The phrase 'proper shelter' incudes providing each animal with adequate shelter from the weather elements. as required to prevent unnecessary or unjustifiable physical pain or suffering by the animal.

(10) 'Proper veterinary care'. The phrase 'proper veterinary care' includes providing each animal with veterinary care sufficient to prevent unnecessary or unjustifiable physical pain or suffering by the animal.

Section 2. Amend §1325, Subchapter VII, Chapter 5, Title 11, Delaware Code, by adding thereto a new subsection (c) to read as follows:

"(c) The provisions of this Section shall not apply to the lawful hunting or trapping of animals as provided by law:1

Approved June 20, 1979.